Hassa Mal and anr. Vs. Jatti Ram and ors. - Court Judgment

Excerpt:
- - it may be noticed by the courts and the tribunal that in indian conditions, the parents expect their sons to support them till they breathe last and even in the worst time of ailment of old age.g.m. lodha, acting c.j.1. in this appeal the tribunal has allowed compensation of rs. 10,000/- to the parents of the deceased, who died by accident at the age of 9 years.2. mr. mathur has relied upon the following decisions in support of his claim for increase of compensation from rs. 10,000 to rs. 50,000/- mangaldas mohanhl patel and anr. v. union of india 1982 acj 426, new india assurance co. and anr. v. ram dayal and ors. , ramloton and anr. v. bhagwati prasad and ors. (1984) 1 acc 391, tehmina jasawalla v. mahadeo sitaram chadi and ors. 1983 acj 666, rashid husain and anr. v. union of india 1984 acj 635.3. mr. bhargava submits that the claim of the appellants cannot be accepted. he placed reliance upon the following decisions:nachhan and anr. v. new india assurance co. ltd. 1985 acj 37, lakshmamma and ors. v. c. das and ors. 1985 acj 199, smt. shivkor motasing v. ramanaresh munsisingh 1978 acj 334, jupiter gen. ins. co. ltd. and ors. v. balkishan 1985 acj 77.4. i have given a thoughtful consideration to the rival contentions of learned counsel for the parties and have also consideied the principles laid down in the above decisions.5. in makbool ahmed and ors. v. bhura lal and ors. 1986 acj 219 this court has held that in cases of fatal accidents, loss to parents should be calculated on the expectancy of life of parents.6. in new india assurance company, alwar v. ram dayal and ors. (supra) the question of compensation in the case of accident of a young boy was considered. the following principles were innovated:in a claim petition by the parents for claiming compensation for the death of young boy not earning at the time of his death, it could not be said that the expectancy of the income is to be limited till the year the boy is expected to marry and that the income is to be calculated on the basis of the income which a beginner will have. it may be noticed by the courts and the tribunal that in indian conditions, the parents expect their sons to support them till they breathe last and even in the worst time of ailment of old age.(c) motor vehicles act (4 of 1939), section 110-b--compensation--determination of--death of boy of 18 yrs.--boy standing 3rd in merit list of h.s.s.c. examination--age of father and mother, 51 and 47 respectively at relevant time--benefits parents would deserve held as rs. 200 per month--adopting 70 as life expectancy of parents and 20 as multiplier rs. 48,000/- awarded as compensation --interest at the rate of 6% till realisation, also granted.7. in this case the boy was of 18 years. the age of the father and mother were 51 and 47 years respectively at the relevant time. the benefits which the parents were supposed to expect amount to rs. 200/-. the multiplier of 20 was adopted on the basis of expectancy of age of parents as 70 years and rs. 48,000/- were awarded as compensation.8. in the present case the age of mother is 45 years and, therefore, the same principle should be applied. the result would be that the multiplier of 20 would be applied and the compensation would be rs. 48,000/-.9. consequently the appeal is accepted and the amount of compensation is increased to rs. 48,000/-. the appellant would also get interest at the rate of 12% from the date of the application till the date of realisation. since the amount of rs. 10,000/- has already been paid, the interest would be calculated on the balance of the amount. so far as this court is conceraed, the parties would bear their own costs.